Cole v. Reilly
Supreme Court of Georgia
Suit on appearance bond, in attachment. In Chatham Superior Court. Decision on demurrer, by Judge Fleming, at January Term, 1859. Williams & Ratcliff sued out an attachment against John Reilly, returnable to the Superior Court of Chatham county, which was levied by Cole, sheriff of said county, on a grocery store occupied by Reilly, and the stock of goods therein, as the property of defendant; whereupon Reilly executed to the sheriff a bond, with McMahon as his security,…
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Suit on appearance bond, in attachment. In Chatham Superior Court. Decision on demurrer, by Judge Fleming, at January Term, 1859. Williams & Ratcliff sued out an attachment against John Reilly, returnable to the Superior Court of Chatham county, which was levied by Cole, sheriff of said county, on a grocery store occupied by Reilly, and the stock of goods therein, as the property of defendant; whereupon Reilly executed to the sheriff a bond, with McMahon as his security, conditioned “that if the said John Reilly should well and truly appear before the Superior Court of Chatham county, to…
1Opinion of the Court
By the Court.
Benning, J.,
delivering the opinion.
Was the Court below right in sustaining the demurrer to tbe declaration ? We think not.
The declaration was founded on a bond given in compliance with the part of the attachment act of 1799, which is in the following words : “And all goods, chattels, lands and tenements, subject to such attachments, shall be repleviablchby appearance and putting in special bail, or by the defendant’s-.'giving bond, with good and sufficient security, to the-fehefiff or other officer serving the same, which bond he is hereby empowered to take, compelling…
2Cited by3 opinions
- Naylor v. SheltonSupreme Court of Arkansas · 1912
- Britton v. GoodmanMassachusetts Supreme Judicial Court · 1920
- Irvin v. HowardSupreme Court of Georgia · 1867